{"id":"qld:act-2019-016","name":"Health and Wellbeing Queensland Act 2019","slug":"health-and-wellbeing-queensland-act-2019","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"16 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174712,"registerId":"qld-qld:act-2019-016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Health and Wellbeing Queensland Act 2019 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than part 7 , division 4 , commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to establish Health and Wellbeing Queensland to improve the health and wellbeing of the Queensland population.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State.\nHowever, the State can not be prosecuted for an offence against this Act.\n(sec.4-ssec.1) This Act binds all persons, including the State.\n(sec.4-ssec.2) However, the State can not be prosecuted for an offence against this Act.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Health and Wellbeing Queensland","content":"# Health and Wellbeing Queensland","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Establishment","content":"### sec.6 Establishment\n\nHealth and Wellbeing Queensland is established.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Legal status","content":"### sec.7 Legal status\n\nHealth and Wellbeing Queensland—\nis a body corporate; and\nmay sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) may sue and be sued in its corporate name.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Health and Wellbeing Queensland represents the State","content":"### sec.8 Health and Wellbeing Queensland represents the State\n\nHealth and Wellbeing Queensland represents the State.\nWithout limiting subsection (1) , Health and Wellbeing Queensland has the status, privileges and immunities of the State.\n(sec.8-ssec.1) Health and Wellbeing Queensland represents the State.\n(sec.8-ssec.2) Without limiting subsection (1) , Health and Wellbeing Queensland has the status, privileges and immunities of the State.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of other Acts","content":"### sec.9 Application of other Acts\n\nHealth and Wellbeing Queensland is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na statutory body under—\nthe Financial Accountability Act 2009 ; and\nthe Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects Health and Wellbeing Queensland’s powers.\n(sec.9-ssec.1) Health and Wellbeing Queensland is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.9-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects Health and Wellbeing Queensland’s powers.\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a statutory body under— (i) the Financial Accountability Act 2009 ; and (ii) the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the Financial Accountability Act 2009 ; and\n- (ii) the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the Financial Accountability Act 2009 ; and\n- (ii) the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Objective, functions and powers","content":"## Objective, functions and powers","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Objective","content":"### sec.10 Objective\n\nThe objective of Health and Wellbeing Queensland is to improve the health and wellbeing of the Queensland population, including, for example, by—\nreducing the burden of chronic diseases through targeting risk factors for those diseases; and\npoor nutrition, low physical activity, obesity\nreducing health inequity.\nhigher rates of chronic disease in population groups with low socio-economic status than in population groups with high socio-economic status\n- (a) reducing the burden of chronic diseases through targeting risk factors for those diseases; and Examples of risk factors for chronic diseases— poor nutrition, low physical activity, obesity\n- (b) reducing health inequity. Example of health inequity— higher rates of chronic disease in population groups with low socio-economic status than in population groups with high socio-economic status","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions","content":"### sec.11 Functions\n\nThe main functions of Health and Wellbeing Queensland are as follows—\nto facilitate and commission activities to prevent illness and promote health and wellbeing;\nto develop partnerships and collaborate with other entities to further its objective or carry out its functions under this Act;\nto give grants for activities to further its objective or carry out its functions under this Act;\nto monitor and evaluate activities to prevent illness and promote health and wellbeing;\nto develop policy, and advise the Minister and government entities, about preventing illness and promoting health and wellbeing;\nto coordinate the exchange of information about activities to prevent illness and promote health and wellbeing.\nHealth and Wellbeing Queensland’s functions also include any other function given to it under this Act or another Act.\nIn this section—\nactivity includes a project, program, service and research.\n(sec.11-ssec.1) The main functions of Health and Wellbeing Queensland are as follows— to facilitate and commission activities to prevent illness and promote health and wellbeing; to develop partnerships and collaborate with other entities to further its objective or carry out its functions under this Act; to give grants for activities to further its objective or carry out its functions under this Act; to monitor and evaluate activities to prevent illness and promote health and wellbeing; to develop policy, and advise the Minister and government entities, about preventing illness and promoting health and wellbeing; to coordinate the exchange of information about activities to prevent illness and promote health and wellbeing.\n(sec.11-ssec.2) Health and Wellbeing Queensland’s functions also include any other function given to it under this Act or another Act.\n(sec.11-ssec.3) In this section— activity includes a project, program, service and research.\n- (a) to facilitate and commission activities to prevent illness and promote health and wellbeing;\n- (b) to develop partnerships and collaborate with other entities to further its objective or carry out its functions under this Act;\n- (c) to give grants for activities to further its objective or carry out its functions under this Act;\n- (d) to monitor and evaluate activities to prevent illness and promote health and wellbeing;\n- (e) to develop policy, and advise the Minister and government entities, about preventing illness and promoting health and wellbeing;\n- (f) to coordinate the exchange of information about activities to prevent illness and promote health and wellbeing.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Powers","content":"### sec.12 Powers\n\nHealth and Wellbeing Queensland has the powers of an individual.\nHealth and Wellbeing Queensland also has the powers given to it under this Act or another Act.\n(sec.12-ssec.1) Health and Wellbeing Queensland has the powers of an individual.\n(sec.12-ssec.2) Health and Wellbeing Queensland also has the powers given to it under this Act or another Act.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Ministerial directions generally","content":"### sec.13 Ministerial directions generally\n\nThe Minister may give Health and Wellbeing Queensland a written direction (a ministerial direction ) about the performance of its functions or the exercise of its powers.\nHowever, the Minister may not give a ministerial direction about an employment matter relating to a particular person.\nHealth and Wellbeing Queensland must comply with a ministerial direction.\n(sec.13-ssec.1) The Minister may give Health and Wellbeing Queensland a written direction (a ministerial direction ) about the performance of its functions or the exercise of its powers.\n(sec.13-ssec.2) However, the Minister may not give a ministerial direction about an employment matter relating to a particular person.\n(sec.13-ssec.3) Health and Wellbeing Queensland must comply with a ministerial direction.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Ministerial directions to prepare special report","content":"### sec.14 Ministerial directions to prepare special report\n\nWithout limiting section 13 (1) , the Minister may give Health and Wellbeing Queensland a ministerial direction to—\nprepare a report (a special report ) about a matter the Minister considers relevant to Health and Wellbeing Queensland’s functions or powers; and\ngive the special report to the Minister.\nHowever, the Minister may not give a ministerial direction about the content of a special report.\nA special report may contain recommendations.\nThe Minister may publish a special report in a way the Minister considers appropriate.\n(sec.14-ssec.1) Without limiting section 13 (1) , the Minister may give Health and Wellbeing Queensland a ministerial direction to— prepare a report (a special report ) about a matter the Minister considers relevant to Health and Wellbeing Queensland’s functions or powers; and give the special report to the Minister.\n(sec.14-ssec.2) However, the Minister may not give a ministerial direction about the content of a special report.\n(sec.14-ssec.3) A special report may contain recommendations.\n(sec.14-ssec.4) The Minister may publish a special report in a way the Minister considers appropriate.\n- (a) prepare a report (a special report ) about a matter the Minister considers relevant to Health and Wellbeing Queensland’s functions or powers; and\n- (b) give the special report to the Minister.","sortOrder":17},{"sectionNumber":"pt.3","sectionType":"part","heading":"Board","content":"# Board","sortOrder":18},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Establishment, functions and powers","content":"## Establishment, functions and powers","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Establishment","content":"### sec.15 Establishment\n\nA board is established as the governing body of Health and Wellbeing Queensland.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Functions","content":"### sec.16 Functions\n\nThe board has the following functions—\nto ensure the proper, efficient and effective performance of Health and Wellbeing Queensland’s functions;\nto decide the objectives, strategies and policies to be followed by Health and Wellbeing Queensland;\nto ensure Health and Wellbeing Queensland complies with its obligations under this Act or another law;\nany other function given to the board under this Act or another Act.\n- (a) to ensure the proper, efficient and effective performance of Health and Wellbeing Queensland’s functions;\n- (b) to decide the objectives, strategies and policies to be followed by Health and Wellbeing Queensland;\n- (c) to ensure Health and Wellbeing Queensland complies with its obligations under this Act or another law;\n- (d) any other function given to the board under this Act or another Act.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Powers","content":"### sec.17 Powers\n\nThe board has the power to do anything necessary or convenient to be done in performing its functions.\nWithout limiting subsection (1) , the board may give the chief executive officer a written direction about the performance of the officer’s responsibilities.\nHowever, the board may not give a direction about an employment matter relating to a particular person.\nAnything done in the name of, or for, Health and Wellbeing Queensland by the board, or with the authority of the board, is taken to have been done by Health and Wellbeing Queensland.\n(sec.17-ssec.1) The board has the power to do anything necessary or convenient to be done in performing its functions.\n(sec.17-ssec.2) Without limiting subsection (1) , the board may give the chief executive officer a written direction about the performance of the officer’s responsibilities.\n(sec.17-ssec.3) However, the board may not give a direction about an employment matter relating to a particular person.\n(sec.17-ssec.4) Anything done in the name of, or for, Health and Wellbeing Queensland by the board, or with the authority of the board, is taken to have been done by Health and Wellbeing Queensland.","sortOrder":22},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Board members","content":"### sec.18 Board members\n\nThe board consists of the following persons (each a board member )—\nat least 1, and not more than 4, chief executives;\nat least 1, and not more than 6, other persons.\nA board member must be appointed by the Governor in Council.\nA board member mentioned in subsection (1) (b) must have qualifications or experience in at least 1 of the following areas—\nlaw;\nbusiness or financial management;\npublic health;\nacademia;\ncommunity service organisations;\nthe not-for-profit sector;\nanother area the Minister considers relevant or necessary to support the board in performing its functions.\nAlso, at least 1 board member must be an Aboriginal person or a Torres Strait Islander.\n(sec.18-ssec.1) The board consists of the following persons (each a board member )— at least 1, and not more than 4, chief executives; at least 1, and not more than 6, other persons.\n(sec.18-ssec.2) A board member must be appointed by the Governor in Council.\n(sec.18-ssec.3) A board member mentioned in subsection (1) (b) must have qualifications or experience in at least 1 of the following areas— law; business or financial management; public health; academia; community service organisations; the not-for-profit sector; another area the Minister considers relevant or necessary to support the board in performing its functions.\n(sec.18-ssec.4) Also, at least 1 board member must be an Aboriginal person or a Torres Strait Islander.\n- (a) at least 1, and not more than 4, chief executives;\n- (b) at least 1, and not more than 6, other persons.\n- (a) law;\n- (b) business or financial management;\n- (c) public health;\n- (d) academia;\n- (e) community service organisations;\n- (f) the not-for-profit sector;\n- (g) another area the Minister considers relevant or necessary to support the board in performing its functions.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.19 Chairperson and deputy chairperson\n\nThe Governor in Council may appoint—\na board member to be the chairperson of the board; and\nanother board member to be the deputy chairperson of the board.\nA board member may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a board member.\nA person holds office as chairperson or deputy chairperson for the term, ending not later than the person’s term of appointment as a board member, stated in the person’s appointment as chairperson or deputy chairperson.\nThe deputy chairperson must act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.\n(sec.19-ssec.1) The Governor in Council may appoint— a board member to be the chairperson of the board; and another board member to be the deputy chairperson of the board.\n(sec.19-ssec.2) A board member may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a board member.\n(sec.19-ssec.3) A person holds office as chairperson or deputy chairperson for the term, ending not later than the person’s term of appointment as a board member, stated in the person’s appointment as chairperson or deputy chairperson.\n(sec.19-ssec.4) The deputy chairperson must act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.\n- (a) a board member to be the chairperson of the board; and\n- (b) another board member to be the deputy chairperson of the board.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Disqualification as board member","content":"### sec.20 Disqualification as board member\n\nA person is disqualified from becoming, or continuing as, a board member if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or\nis the chief executive officer or another staff member of Health and Wellbeing Queensland; or\nis a contractor of Health and Wellbeing Queensland; or\ncontravenes section 31 (3) .\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or\n- (d) is the chief executive officer or another staff member of Health and Wellbeing Queensland; or\n- (e) is a contractor of Health and Wellbeing Queensland; or\n- (f) contravenes section 31 (3) .","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Term of appointment","content":"### sec.21 Term of appointment\n\nA board member holds office for the term, not longer than 4 years, stated in the member’s instrument of appointment.\nSubsection (1) does not prevent a board member being reappointed.\n(sec.21-ssec.1) A board member holds office for the term, not longer than 4 years, stated in the member’s instrument of appointment.\n(sec.21-ssec.2) Subsection (1) does not prevent a board member being reappointed.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Conditions of appointment","content":"### sec.22 Conditions of appointment\n\nA board member is to be paid the remuneration and allowances decided by the Governor in Council.\nA board member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.\n(sec.22-ssec.1) A board member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.22-ssec.2) A board member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Vacancy in office","content":"### sec.23 Vacancy in office\n\nA board member’s office becomes vacant if the member—\ncompletes a term of office and is not reappointed; or\nresigns office by signed notice given to the Minister; or\nis disqualified from continuing as a board member under section 20 ; or\nis removed from office under subsection (2) .\nThe Governor in Council may, at any time, remove a board member from office for any reason or none.\ns 23 amd 2025 No. 29 s 48\n(sec.23-ssec.1) A board member’s office becomes vacant if the member— completes a term of office and is not reappointed; or resigns office by signed notice given to the Minister; or is disqualified from continuing as a board member under section 20 ; or is removed from office under subsection (2) .\n(sec.23-ssec.2) The Governor in Council may, at any time, remove a board member from office for any reason or none.\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns office by signed notice given to the Minister; or\n- (c) is disqualified from continuing as a board member under section 20 ; or\n- (d) is removed from office under subsection (2) .","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Acting board member","content":"### sec.24 Acting board member\n\nThis section applies if the office of a board member is vacant.\nThe Minister may appoint a person to act in the office for a period of not longer than 6 months.\nHowever, the Minister may extend the appointment for a further period of not longer than 6 months.\nA person can not be appointed to act in the office unless the person could be appointed as a board member under section 18 .\nThis section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .\ns 25 amd 2025 No. 29 s 49\n(sec.24-ssec.1) This section applies if the office of a board member is vacant.\n(sec.24-ssec.2) The Minister may appoint a person to act in the office for a period of not longer than 6 months.\n(sec.24-ssec.3) However, the Minister may extend the appointment for a further period of not longer than 6 months.\n(sec.24-ssec.4) A person can not be appointed to act in the office unless the person could be appointed as a board member under section 18 .\n(sec.24-ssec.5) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .","sortOrder":30},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Board meetings","content":"## Board meetings","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Conduct of business","content":"### sec.25 Conduct of business\n\nSubject to this division, the board may conduct its business, including its board meetings, in the way it considers appropriate.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Board meetings","content":"### sec.26 Board meetings\n\nThe chairperson may convene a meeting of the board members.\nThe chairperson must convene a board meeting—\nat least 6 times each year; and\nif asked, in writing, by—\nat least half of the board members for the time being; or\nthe Minister.\n(sec.26-ssec.1) The chairperson may convene a meeting of the board members.\n(sec.26-ssec.2) The chairperson must convene a board meeting— at least 6 times each year; and if asked, in writing, by— at least half of the board members for the time being; or the Minister.\n- (a) at least 6 times each year; and\n- (b) if asked, in writing, by— (i) at least half of the board members for the time being; or (ii) the Minister.\n- (i) at least half of the board members for the time being; or\n- (ii) the Minister.\n- (i) at least half of the board members for the time being; or\n- (ii) the Minister.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Presiding at board meetings","content":"### sec.27 Presiding at board meetings\n\nThe chairperson is to preside at all board meetings at which the chairperson is present.\nSee section 19 (4) for the circumstances in which the deputy chairperson must act as chairperson.\nIf neither the chairperson nor deputy chairperson is present at a board meeting, the board member chosen by the board members present is to preside.\n(sec.27-ssec.1) The chairperson is to preside at all board meetings at which the chairperson is present. See section 19 (4) for the circumstances in which the deputy chairperson must act as chairperson.\n(sec.27-ssec.2) If neither the chairperson nor deputy chairperson is present at a board meeting, the board member chosen by the board members present is to preside.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Quorum at board meetings","content":"### sec.28 Quorum at board meetings\n\nA quorum for a board meeting is a majority of the board members for the time being.\nHowever, if at a board meeting a board member present at the meeting is required under section 31 not to be present during deliberations, or not to take part in any decision, of the board for a particular matter, the remaining board members present at the meeting constitute a quorum for the meeting.\nDespite subsections (1) and (2) , there is no quorum for a board meeting if a majority of the board members present are members mentioned in section 18 (1) (a) .\n(sec.28-ssec.1) A quorum for a board meeting is a majority of the board members for the time being.\n(sec.28-ssec.2) However, if at a board meeting a board member present at the meeting is required under section 31 not to be present during deliberations, or not to take part in any decision, of the board for a particular matter, the remaining board members present at the meeting constitute a quorum for the meeting.\n(sec.28-ssec.3) Despite subsections (1) and (2) , there is no quorum for a board meeting if a majority of the board members present are members mentioned in section 18 (1) (a) .","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Voting at board meetings","content":"### sec.29 Voting at board meetings\n\nA question at a board meeting is decided by a majority of the votes of the board members present at the meeting and able to vote on the question.\nIf the votes are equal, the board member presiding at the board meeting also has a casting vote.\n(sec.29-ssec.1) A question at a board meeting is decided by a majority of the votes of the board members present at the meeting and able to vote on the question.\n(sec.29-ssec.2) If the votes are equal, the board member presiding at the board meeting also has a casting vote.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Minutes","content":"### sec.30 Minutes\n\nThe board must keep minutes of its meetings.","sortOrder":37},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Disclosure of interests","content":"## Disclosure of interests","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Disclosure of interests at board meetings","content":"### sec.31 Disclosure of interests at board meetings\n\nThis section applies to a board member if—\na matter is being considered, or is about to be considered, at a board meeting; and\nthe board member has a material personal interest in the matter; and\nthe material personal interest could conflict with the proper performance of the board member’s duties in relation to the consideration of the matter.\nFor subsection (1) , a board member has a material personal interest in a matter if any of the following entities stands to gain a benefit or suffer a loss (either directly or indirectly) because of the outcome of the consideration of the matter—\nthe board member;\nthe board member’s spouse;\na parent, child or sibling of the board member;\nan employer, other than a government entity, of the board member;\nan entity, other than a government entity, of which the board member is an office holder.\nAs soon as practicable after the relevant facts come to the knowledge of the board member, the board member must disclose the nature of the material personal interest to the other board members at the meeting.\nThe board member may further participate in the meeting only if a majority of the other board members at the meeting vote in favour of the board member’s further participation.\nHowever, the board member may not participate in any vote on the matter at the meeting.\nA disclosure under subsection (3) must be recorded in the minutes of the meeting.\nA failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the board.\n(sec.31-ssec.1) This section applies to a board member if— a matter is being considered, or is about to be considered, at a board meeting; and the board member has a material personal interest in the matter; and the material personal interest could conflict with the proper performance of the board member’s duties in relation to the consideration of the matter.\n(sec.31-ssec.2) For subsection (1) , a board member has a material personal interest in a matter if any of the following entities stands to gain a benefit or suffer a loss (either directly or indirectly) because of the outcome of the consideration of the matter— the board member; the board member’s spouse; a parent, child or sibling of the board member; an employer, other than a government entity, of the board member; an entity, other than a government entity, of which the board member is an office holder.\n(sec.31-ssec.3) As soon as practicable after the relevant facts come to the knowledge of the board member, the board member must disclose the nature of the material personal interest to the other board members at the meeting.\n(sec.31-ssec.4) The board member may further participate in the meeting only if a majority of the other board members at the meeting vote in favour of the board member’s further participation.\n(sec.31-ssec.5) However, the board member may not participate in any vote on the matter at the meeting.\n(sec.31-ssec.6) A disclosure under subsection (3) must be recorded in the minutes of the meeting.\n(sec.31-ssec.7) A failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the board.\n- (a) a matter is being considered, or is about to be considered, at a board meeting; and\n- (b) the board member has a material personal interest in the matter; and\n- (c) the material personal interest could conflict with the proper performance of the board member’s duties in relation to the consideration of the matter.\n- (a) the board member;\n- (b) the board member’s spouse;\n- (c) a parent, child or sibling of the board member;\n- (d) an employer, other than a government entity, of the board member;\n- (e) an entity, other than a government entity, of which the board member is an office holder.","sortOrder":39},{"sectionNumber":"pt.4","sectionType":"part","heading":"Staff of Health and Wellbeing Queensland","content":"# Staff of Health and Wellbeing Queensland","sortOrder":40},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Appointment","content":"### sec.32 Appointment\n\nHealth and Wellbeing Queensland must have a chief executive officer.\nThe chief executive officer is appointed by the Governor in Council.\nThe Minister may only recommend a person for appointment as the chief executive officer with the approval of the board.\nThe chief executive officer—\nis an employee of Health and Wellbeing Queensland; and\nis appointed under this Act and not under the Public Sector Act 2022 .\ns 32 amd 2022 No. 34 s 365 sch 3\n(sec.32-ssec.1) Health and Wellbeing Queensland must have a chief executive officer.\n(sec.32-ssec.2) The chief executive officer is appointed by the Governor in Council.\n(sec.32-ssec.3) The Minister may only recommend a person for appointment as the chief executive officer with the approval of the board.\n(sec.32-ssec.4) The chief executive officer— is an employee of Health and Wellbeing Queensland; and is appointed under this Act and not under the Public Sector Act 2022 .\n- (a) is an employee of Health and Wellbeing Queensland; and\n- (b) is appointed under this Act and not under the Public Sector Act 2022 .","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Chief executive officer’s responsibilities","content":"### sec.33 Chief executive officer’s responsibilities\n\nThe chief executive officer is responsible for the day-to-day administration of Health and Wellbeing Queensland, including—\nemploying Health and Wellbeing Queensland’s staff; and\nengaging contractors of Health and Wellbeing Queensland.\nIn carrying out the chief executive officer’s responsibilities, the chief executive officer must comply with the written policies and directions of the board.\nThe chief executive officer is accountable to the board.\n(sec.33-ssec.1) The chief executive officer is responsible for the day-to-day administration of Health and Wellbeing Queensland, including— employing Health and Wellbeing Queensland’s staff; and engaging contractors of Health and Wellbeing Queensland.\n(sec.33-ssec.2) In carrying out the chief executive officer’s responsibilities, the chief executive officer must comply with the written policies and directions of the board.\n(sec.33-ssec.3) The chief executive officer is accountable to the board.\n- (a) employing Health and Wellbeing Queensland’s staff; and\n- (b) engaging contractors of Health and Wellbeing Queensland.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Disqualification as chief executive officer","content":"### sec.34 Disqualification as chief executive officer\n\nA person is disqualified from becoming, or continuing as, the chief executive officer if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or\nis a board member; or\nis a contractor of Health and Wellbeing Queensland; or\ncontravenes section 39 .\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or\n- (d) is a board member; or\n- (e) is a contractor of Health and Wellbeing Queensland; or\n- (f) contravenes section 39 .","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Term of appointment","content":"### sec.35 Term of appointment\n\nThe chief executive officer is appointed for the term, not longer than 4 years, stated in the officer’s instrument of appointment.\nSubsection (1) does not prevent a person from being reappointed as chief executive officer.\n(sec.35-ssec.1) The chief executive officer is appointed for the term, not longer than 4 years, stated in the officer’s instrument of appointment.\n(sec.35-ssec.2) Subsection (1) does not prevent a person from being reappointed as chief executive officer.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Conditions of appointment","content":"### sec.36 Conditions of appointment\n\nThe chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.\nFor matters not provided for under this Act or stated in the chief executive officer’s instrument of appointment, the chief executive officer holds office on the terms and conditions decided by the Governor in Council.\n(sec.36-ssec.1) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.36-ssec.2) For matters not provided for under this Act or stated in the chief executive officer’s instrument of appointment, the chief executive officer holds office on the terms and conditions decided by the Governor in Council.","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Vacancy in office","content":"### sec.37 Vacancy in office\n\nThe office of the chief executive officer becomes vacant if the chief executive officer—\ncompletes a term of office and is not reappointed; or\nresigns office by signed notice given to the board; or\nis disqualified from continuing as the chief executive officer under section 34 ; or\nis removed from office under subsection (3) .\nIf the chief executive officer resigns office under subsection (1) (b) , the board must immediately give notice of the resignation to the Minister.\nThe Governor in Council may, at any time, remove the chief executive officer from office for any reason or none.\ns 37 amd 2025 No. 29 s 50\n(sec.37-ssec.1) The office of the chief executive officer becomes vacant if the chief executive officer— completes a term of office and is not reappointed; or resigns office by signed notice given to the board; or is disqualified from continuing as the chief executive officer under section 34 ; or is removed from office under subsection (3) .\n(sec.37-ssec.2) If the chief executive officer resigns office under subsection (1) (b) , the board must immediately give notice of the resignation to the Minister.\n(sec.37-ssec.3) The Governor in Council may, at any time, remove the chief executive officer from office for any reason or none.\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns office by signed notice given to the board; or\n- (c) is disqualified from continuing as the chief executive officer under section 34 ; or\n- (d) is removed from office under subsection (3) .","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Acting chief executive officer","content":"### sec.38 Acting chief executive officer\n\nThis section applies if—\nthe office of the chief executive officer is vacant; or\nthe chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions.\nThe Minister may appoint a person to act as chief executive officer for a period of not longer than 6 months.\nHowever, the Minister may extend the appointment for a further period of not longer than 6 months.\nA person can not be appointed to act in the office unless the Minister could recommend the person for appointment as the chief executive officer under section 32 .\nThis section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .\ns 38 amd 2025 No. 29 s 51\n(sec.38-ssec.1) This section applies if— the office of the chief executive officer is vacant; or the chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions.\n(sec.38-ssec.2) The Minister may appoint a person to act as chief executive officer for a period of not longer than 6 months.\n(sec.38-ssec.3) However, the Minister may extend the appointment for a further period of not longer than 6 months.\n(sec.38-ssec.4) A person can not be appointed to act in the office unless the Minister could recommend the person for appointment as the chief executive officer under section 32 .\n(sec.38-ssec.5) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .\n- (a) the office of the chief executive officer is vacant; or\n- (b) the chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions.","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Conflicts of interest","content":"### sec.39 Conflicts of interest\n\nIf the chief executive officer has an interest that conflicts, or may conflict, with the discharge of the officer’s responsibilities, the officer—\nmust disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the officer’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board.\n- (a) must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the officer’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board.","sortOrder":49},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Other staff","content":"## Other staff","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Health and Wellbeing Queensland staff","content":"### sec.40 Health and Wellbeing Queensland staff\n\nHealth and Wellbeing Queensland may employ other staff it considers appropriate to perform its functions.\nThe other staff are employed under the Public Sector Act 2022 .\ns 40 amd 2022 No. 34 s 365 sch 3\n(sec.40-ssec.1) Health and Wellbeing Queensland may employ other staff it considers appropriate to perform its functions.\n(sec.40-ssec.2) The other staff are employed under the Public Sector Act 2022 .","sortOrder":51},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Preservation of rights","content":"## Preservation of rights","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Preservation of rights of particular employees","content":"### sec.41 Preservation of rights of particular employees\n\nThis section applies to—\na person appointed as the chief executive officer of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a public service employee or health service employee; or\na person appointed as another employee of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a health service employee.\nThe person is entitled to retain all accrued or accruing rights as if service as an employee of Health and Wellbeing Queensland were a continuation of the person’s service as a public service employee or health service employee.\n(sec.41-ssec.1) This section applies to— a person appointed as the chief executive officer of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a public service employee or health service employee; or a person appointed as another employee of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a health service employee.\n(sec.41-ssec.2) The person is entitled to retain all accrued or accruing rights as if service as an employee of Health and Wellbeing Queensland were a continuation of the person’s service as a public service employee or health service employee.\n- (a) a person appointed as the chief executive officer of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a public service employee or health service employee; or\n- (b) a person appointed as another employee of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a health service employee.","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Preservation of rights of employees appointed as public service employee or health service employee","content":"### sec.42 Preservation of rights of employees appointed as public service employee or health service employee\n\nThis section applies to—\na person appointed as a public service employee who was, immediately before taking up the appointment, the chief executive officer; or\na person appointed as a health service employee who was, immediately before taking up the appointment, an employee of Health and Wellbeing Queensland.\nThe person’s service as an employee of Health and Wellbeing Queensland must be regarded as service as a public service employee or health service employee.\n(sec.42-ssec.1) This section applies to— a person appointed as a public service employee who was, immediately before taking up the appointment, the chief executive officer; or a person appointed as a health service employee who was, immediately before taking up the appointment, an employee of Health and Wellbeing Queensland.\n(sec.42-ssec.2) The person’s service as an employee of Health and Wellbeing Queensland must be regarded as service as a public service employee or health service employee.\n- (a) a person appointed as a public service employee who was, immediately before taking up the appointment, the chief executive officer; or\n- (b) a person appointed as a health service employee who was, immediately before taking up the appointment, an employee of Health and Wellbeing Queensland.","sortOrder":54},{"sectionNumber":"pt.5","sectionType":"part","heading":"Annual report","content":"# Annual report","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Annual report to include particular matters","content":"### sec.43 Annual report to include particular matters\n\nThis section applies to an annual report Health and Wellbeing Queensland is required to prepare and give the Minister under the Financial Accountability Act 2009 , section 63 .\nThe annual report must include details of—\nfunctions performed by Health and Wellbeing Queensland during the year; and\nhow efficiently and effectively Health and Wellbeing Queensland performed its functions; and\neach ministerial direction given by the Minister during the financial year to which the report relates; and\naction taken by Health and Wellbeing Queensland because of the ministerial direction.\nThe board must approve the report before it is given to the Minister.\nThe report must not disclose confidential information without the consent of the person to whom the information relates.\n(sec.43-ssec.1) This section applies to an annual report Health and Wellbeing Queensland is required to prepare and give the Minister under the Financial Accountability Act 2009 , section 63 .\n(sec.43-ssec.2) The annual report must include details of— functions performed by Health and Wellbeing Queensland during the year; and how efficiently and effectively Health and Wellbeing Queensland performed its functions; and each ministerial direction given by the Minister during the financial year to which the report relates; and action taken by Health and Wellbeing Queensland because of the ministerial direction.\n(sec.43-ssec.3) The board must approve the report before it is given to the Minister.\n(sec.43-ssec.4) The report must not disclose confidential information without the consent of the person to whom the information relates.\n- (a) functions performed by Health and Wellbeing Queensland during the year; and\n- (b) how efficiently and effectively Health and Wellbeing Queensland performed its functions; and\n- (c) each ministerial direction given by the Minister during the financial year to which the report relates; and\n- (d) action taken by Health and Wellbeing Queensland because of the ministerial direction.","sortOrder":56},{"sectionNumber":"pt.6","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":57},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Criminal history information","content":"## Criminal history information","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Criminal history report","content":"### sec.44 Criminal history report\n\nThis section applies for deciding if a person, under section 20 or 34 —\nis disqualified from becoming a board member or the chief executive officer; or\nis disqualified from continuing as a board member or the chief executive officer.\nThe Minister may ask the commissioner of the police service for a written report about the person’s criminal history that includes a brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, if subsection (1) (a) applies, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe commissioner must comply with the request.\nThe duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.44-ssec.1) This section applies for deciding if a person, under section 20 or 34 — is disqualified from becoming a board member or the chief executive officer; or is disqualified from continuing as a board member or the chief executive officer.\n(sec.44-ssec.2) The Minister may ask the commissioner of the police service for a written report about the person’s criminal history that includes a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.44-ssec.3) However, if subsection (1) (a) applies, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.44-ssec.4) The commissioner must comply with the request.\n(sec.44-ssec.5) The duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.\n- (a) is disqualified from becoming a board member or the chief executive officer; or\n- (b) is disqualified from continuing as a board member or the chief executive officer.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Changes in criminal history must be disclosed","content":"### sec.45 Changes in criminal history must be disclosed\n\nThis section applies if a board member or the chief executive officer is charged with or convicted of an indictable offence.\nThe person must, unless the person has a reasonable excuse, immediately give notice of the charge or conviction to the Minister.\nMaximum penalty—100 penalty units.\nThe notice must include the following information—\nthe existence of the charge or conviction;\ndetails adequate to identify the offence committed or alleged to have been committed;\nwhen the offence was committed or alleged to have been committed;\nfor a conviction—the sentence imposed on the person.\n(sec.45-ssec.1) This section applies if a board member or the chief executive officer is charged with or convicted of an indictable offence.\n(sec.45-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the charge or conviction to the Minister. Maximum penalty—100 penalty units.\n(sec.45-ssec.3) The notice must include the following information— the existence of the charge or conviction; details adequate to identify the offence committed or alleged to have been committed; when the offence was committed or alleged to have been committed; for a conviction—the sentence imposed on the person.\n- (a) the existence of the charge or conviction;\n- (b) details adequate to identify the offence committed or alleged to have been committed;\n- (c) when the offence was committed or alleged to have been committed;\n- (d) for a conviction—the sentence imposed on the person.","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.46 Confidentiality of criminal history information\n\nThis section applies to a person who possesses criminal history information because the person is or was—\nthe Minister or a member of the Minister’s staff; or\nthe chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; or\nan employee or contractor of the department; or\na board member.\nThe person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may use or disclose to another person the criminal history information—\nto the extent necessary to perform the person’s functions under this Act; or\nif the use or disclosure is authorised under an Act; or\nif the use or disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the use or disclosure; or\nif the use or disclosure is in a form that does not identify the person to whom the information relates; or\nif the information is, or has been, lawfully accessible to the public.\nThe person must ensure a report given to the Minister under section 44 is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\nSubsection (4) applies despite the Public Records Act 2023 .\nIn this section—\ncriminal history information means the information contained in—\na report given to the Minister under section 44 ; or\na notice given to the Minister under section 45 .\ns 46 amd 2023 No. 33 s 107 sch 4\n(sec.46-ssec.1) This section applies to a person who possesses criminal history information because the person is or was— the Minister or a member of the Minister’s staff; or the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; or an employee or contractor of the department; or a board member.\n(sec.46-ssec.2) The person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.46-ssec.3) The person may use or disclose to another person the criminal history information— to the extent necessary to perform the person’s functions under this Act; or if the use or disclosure is authorised under an Act; or if the use or disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the use or disclosure; or if the use or disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.\n(sec.46-ssec.4) The person must ensure a report given to the Minister under section 44 is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\n(sec.46-ssec.5) Subsection (4) applies despite the Public Records Act 2023 .\n(sec.46-ssec.6) In this section— criminal history information means the information contained in— a report given to the Minister under section 44 ; or a notice given to the Minister under section 45 . s 46 amd 2023 No. 33 s 107 sch 4\n- (a) the Minister or a member of the Minister’s staff; or\n- (b) the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; or\n- (c) an employee or contractor of the department; or\n- (d) a board member.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the use or disclosure is authorised under an Act; or\n- (c) if the use or disclosure is otherwise required or permitted by law; or\n- (d) if the person to whom the information relates consents to the use or disclosure; or\n- (e) if the use or disclosure is in a form that does not identify the person to whom the information relates; or\n- (f) if the information is, or has been, lawfully accessible to the public.\n- (a) a report given to the Minister under section 44 ; or\n- (b) a notice given to the Minister under section 45 .","sortOrder":61},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":62},{"sectionNumber":"sec.47","sectionType":"section","heading":"Use of confidential information","content":"### sec.47 Use of confidential information\n\nThis section applies to a person who—\nis, or has been—\na board member; or\nthe chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; and\nobtains confidential information in administering, or performing a function under, this Act.\nThe person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is—\nin the performance of a function under this Act; or\nwith the consent of the person to whom the information relates; or\nauthorised under an Act or otherwise required or permitted by law.\nMaximum penalty—100 penalty units.\n(sec.47-ssec.1) This section applies to a person who— is, or has been— a board member; or the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; and obtains confidential information in administering, or performing a function under, this Act.\n(sec.47-ssec.2) The person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is— in the performance of a function under this Act; or with the consent of the person to whom the information relates; or authorised under an Act or otherwise required or permitted by law. Maximum penalty—100 penalty units.\n- (a) is, or has been— (i) a board member; or (ii) the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; and\n- (i) a board member; or\n- (ii) the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; and\n- (b) obtains confidential information in administering, or performing a function under, this Act.\n- (i) a board member; or\n- (ii) the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; and\n- (a) in the performance of a function under this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) authorised under an Act or otherwise required or permitted by law.","sortOrder":63},{"sectionNumber":"sec.48","sectionType":"section","heading":"Offences against this Act","content":"### sec.48 Offences against this Act\n\nA proceeding for an offence against this Act is to be heard and decided summarily.\nA proceeding for the offence must start within whichever is the longer of the following—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.48-ssec.1) A proceeding for an offence against this Act is to be heard and decided summarily.\n(sec.48-ssec.2) A proceeding for the offence must start within whichever is the longer of the following— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":64},{"sectionNumber":"sec.49","sectionType":"section","heading":"Protecting prescribed persons from liability","content":"### sec.49 Protecting prescribed persons from liability\n\nA prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches to the State.\nThis section does not apply to a prescribed person if the person is a prescribed person under the Public Sector Act 2022 , section 267 .\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\nIn this section—\nprescribed person means—\nthe Minister; or\na board member.\ns 49 amd 2022 No. 34 s 365 sch 3\n(sec.49-ssec.1) A prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.49-ssec.2) If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches to the State.\n(sec.49-ssec.3) This section does not apply to a prescribed person if the person is a prescribed person under the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\n(sec.49-ssec.4) In this section— prescribed person means— the Minister; or a board member.\n- (a) the Minister; or\n- (b) a board member.","sortOrder":65},{"sectionNumber":"sec.50","sectionType":"section","heading":"Delegations","content":"### sec.50 Delegations\n\nHealth and Wellbeing Queensland may delegate its functions under this Act, other than its function of deciding to give a grant mentioned in section 11 (1) (c) , to a board member or the chief executive officer.\nThe board may delegate its functions under this Act to a board member or the chief executive officer.\nA board member may subdelegate a function delegated to the member under subsection (1) or (2) to the chief executive officer or an appropriately qualified staff member of Health and Wellbeing Queensland.\nThe chief executive officer may delegate any of the officer’s responsibilities to an appropriately qualified staff member of Health and Wellbeing Queensland.\nThe chief executive officer may subdelegate a function delegated or subdelegated to the officer under subsection (1) , (2) or (3) to an appropriately qualified staff member of Health and Wellbeing Queensland.\nIn this section—\nfunction includes power.\n(sec.50-ssec.1) Health and Wellbeing Queensland may delegate its functions under this Act, other than its function of deciding to give a grant mentioned in section 11 (1) (c) , to a board member or the chief executive officer.\n(sec.50-ssec.2) The board may delegate its functions under this Act to a board member or the chief executive officer.\n(sec.50-ssec.3) A board member may subdelegate a function delegated to the member under subsection (1) or (2) to the chief executive officer or an appropriately qualified staff member of Health and Wellbeing Queensland.\n(sec.50-ssec.4) The chief executive officer may delegate any of the officer’s responsibilities to an appropriately qualified staff member of Health and Wellbeing Queensland.\n(sec.50-ssec.5) The chief executive officer may subdelegate a function delegated or subdelegated to the officer under subsection (1) , (2) or (3) to an appropriately qualified staff member of Health and Wellbeing Queensland.\n(sec.50-ssec.6) In this section— function includes power.","sortOrder":66},{"sectionNumber":"sec.51","sectionType":"section","heading":"Regulation-making power","content":"### sec.51 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":67},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions for Health Legislation Amendment Act (No. 3) 2025","content":"# Transitional provisions for Health Legislation Amendment Act (No. 3) 2025","sortOrder":68},{"sectionNumber":"sec.52","sectionType":"section","heading":"Vacancy in office of board member","content":"### sec.52 Vacancy in office of board member\n\nSection 23(2) applies to a board member whether the member is appointed before or after the commencement.\ns 52 ins 2025 No. 29 s 52","sortOrder":69},{"sectionNumber":"sec.53","sectionType":"section","heading":"Vacancy in office of chief executive officer","content":"### sec.53 Vacancy in office of chief executive officer\n\nSection 37(3) applies to the chief executive officer whether the officer is appointed before or after the commencement.\ns 53 ins 2025 No. 29 s 52","sortOrder":70}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's scope remains consistent with its stated purpose of establishing Health and Wellbeing Queensland as a preventive health body. The 2025 amendments (Health Legislation Amendment Act (No. 3) 2025) added transitional provisions and clarified that board members and the CEO can be removed at any time for any reason or none — a governance tightening measure rather than a scope change. The organisation's functions, powers, and objectives are all squarely aligned with the original intent of improving population health and reducing chronic disease."},"complexity_factors":["Multiple interlocking Acts referenced (Financial Accountability Act 2009, Crime and Corruption Act 2001, Statutory Bodies Financial Arrangements Act 1982, Corporations Act, Public Sector Act 2022, Acts Interpretation Act 1954, Public Records Act 2023) requiring cross-referencing to understand full legal effect","Layered governance structure with Governor in Council, Minister, Board, and CEO each having distinct and sometimes overlapping powers and constraints","Delegation and subdelegation chain (Board → CEO → staff) with specific carve-outs (e.g., grant decisions cannot be delegated)","Conflict of interest provisions involve nuanced determinations about what constitutes a 'material personal interest'","Quorum rules at board meetings have multiple exceptions and special conditions","Criminal history provisions balance privacy rights, public interest disclosure obligations, and destruction of records requirements","Preservation of employment rights provisions require understanding of Queensland public sector employment frameworks","Transitional provisions added by later amending legislation (2025) create retroactive application of removal-without-cause provisions"],"plain_english_summary":"Health and Wellbeing Queensland is a new state agency set up to prevent chronic disease and reduce health inequities across Queensland by funding, commissioning and evaluating health-promotion programs, advising government, and sharing evidence. It affects all Queenslanders indirectly, plus the Board, CEO, staff, grant recipients and relevant ministers, and includes rules on appointments, conflicts of interest, criminal-history checks, confidentiality and limited ministerial directions to safeguard independence and accountability."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing Health and Wellbeing Queensland as a preventive health body. The 2025 amendments (sections 52-53) are purely transitional, clarifying that new vacancy provisions apply regardless of appointment timing. No scope creep is evident."},"complexity_factors":["Straightforward establishment Act with standard statutory body architecture","Minimal cross-referencing—primarily links to Financial Accountability Act 2009, Crime and Corruption Act 2001, and Statutory Bodies Financial Arrangements Act 1982 for administrative matters","Clear hierarchical structure: Part 2 (establishment/objectives), Part 3 (Board), Part 4 (staff), with logical progression","Some conditional logic in disqualification provisions (sections 20, 34) and conflict of interest rules (sections 31, 39) but no nested exceptions","Approximately 15 defined terms in Schedule 1 dictionary (referenced but not shown in extract)","Recent amendments (2022, 2023, 2025) show maintenance of currency with related legislation (Public Sector Act 2022, Public Records Act 2023) but do not add structural complexity","Standard procedural requirements for meetings, quorums, and delegations without unusual conditions"],"plain_english_summary":"This Act creates **Health and Wellbeing Queensland** (HWQ), a new government body dedicated to preventing chronic disease and reducing health inequality across the state.\n\n**What it does:**\n- **Establishes HWQ** as an independent legal entity (a 'body corporate') that can enter contracts and be sued in its own name\n- **Sets its mission:** To improve Queenslanders' health by tackling risk factors like poor nutrition, physical inactivity and obesity, with a specific focus on reducing gaps between advantaged and disadvantaged communities\n- **Powers and functions:** HWQ can commission health programs, fund research and community projects through grants, partner with other organisations, develop policy advice for government, and coordinate health information sharing\n- **Governance structure:** A Board of 2–10 members (including at least one Aboriginal or Torres Strait Islander person) oversees the organisation, with a CEO handling day-to-day operations\n- **Accountability:** The Minister can issue directions to HWQ (except on individual employment matters), and HWQ must report annually on its activities and performance\n\n**Who it affects:**\n- Queenslanders who may benefit from prevention programs targeting chronic disease\n- Community organisations, researchers and health providers who may receive grants or partner with HWQ\n- Public servants transferring to or from HWQ (their employment rights are protected)\n\n**Why it matters:**\nRather than just treating sick people, HWQ focuses on keeping Queenslanders healthy in the first place—particularly those in disadvantaged communities who currently experience worse health outcomes. It represents a shift toward preventive health policy with dedicated funding and expertise."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains focused on establishing a statutory agency to improve population health by commissioning and coordinating prevention activities (its core purpose in s 3 and s 10). Subsequent amendments reflected in the text are governance and administrative adjustments (appointment, removal, confidentiality, criminal-history checks, delegation rules and alignment with the Public Sector Act) rather than an expansion into materially new policy objectives. Notable changes affecting governance include retroactive application of removal powers to pre-existing appointees (secs 52–53 applying s 23(2) and s 37(3)), and clarified interplay with other statutes (e.g. employment of staff under the Public Sector Act). Those changes alter governance and administrative reach but do not meaningfully broaden the Act’s substantive scope or its stated policy aim."},"complexity_factors":["Moderate length with multiple Parts and Divisions (establishment, board, staff, administration, transitional provisions).","Several cross-references to other Acts: Crime and Corruption Act 2001, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Public Sector Act 2022 (s 9, s 40, s 32).","Rules that combine substantive duties and procedural constraints (e.g. ministerial directions generally allowed but excluded for individual employment matters and cannot prescribe special report content) (ss 13–14).","Composition and quorum rules with exceptions (board must include 1+ Aboriginal or Torres Strait Islander and limits on number of chief executives; quorum excludes meetings dominated by chief executives) (s 18, s 28).","Conflict-of-interest and disclosure regime for board members and CEO with staged permissions and voting rules (s 31, s 39).","Delegation regime with a specific non-delegable function (decision to give grants cannot be delegated) (s 50).","Criminal-history checks, consent requirement for applicants in some cases, and strict confidentiality and destruction obligations (ss 44–46).","Civil-immunity and state indemnity clause that redirects personal liability to the State when certain conditions are met (s 49).","Transitional amendments applying removal provisions retroactively to existing appointees (secs 52–53 referencing ss 23(2) and 37(3)).","Penalties and summary-proceeding timing rules for offences under the Act (s 48) add procedural detail."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a new statutory body called Health and Wellbeing Queensland (HWQ) with corporate status, the ability to sue and be sued, and the legal standing of the State (secs 6–9).\n\n- States the Act’s objective: to improve health and wellbeing across Queensland, for example by targeting risk factors for chronic disease and reducing health inequity (s 3, s 10).\n\n- Gives HWQ a set of core functions: commissioning and facilitating prevention activities, developing partnerships, awarding grants, monitoring and evaluating programs, advising government, and coordinating information exchange (s 11). HWQ has the legal powers of an individual and any additional powers given by this or another Act (s 12).\n\n- Creates a governing board to set strategy, oversee performance and ensure compliance (secs 15–17). The board:\n  - is appointed by the Governor in Council and must include at least one Aboriginal or Torres Strait Islander member and a mix of chief executives and other qualified members (s 18);\n  - chooses its chair and deputy (s 19);\n  - meets at least six times a year, keeps minutes, and decides by majority vote (secs 25–30);\n  - must manage conflicts of interest (s 31).\n\n- Provides for a chief executive officer (CEO) appointed by the Governor in Council (the Minister may only recommend with board approval). The CEO runs day-to-day administration, hires staff and engages contractors, and is accountable to the board (secs 32–38, 33).\n\n- Sets rules about staff employment (some staff are employed under the Public Sector Act 2022) and preserves accrued employment rights where people move between public sector roles and HWQ (secs 40–42).\n\n- Enables the Minister to give written directions to HWQ on functions and powers (ministerial directions), with two limits: the Minister cannot direct on employment matters concerning a particular person, and the Minister cannot dictate the content of a special report HWQ is directed to prepare (secs 13–14). HWQ must comply with those directions and must include ministerial directions and HWQ’s responses in its annual report (s 43).\n\n- Imposes disclosure, confidentiality and criminal-history safeguards for board members, the CEO and relevant staff, including:\n  - criminal-history checks by police for appointment or continued service in senior roles, sometimes requiring the candidate’s consent (s 44);\n  - an obligation to notify the Minister promptly of charges or convictions for indictable offences (s 45);\n  - strict confidentiality and use limits for criminal-history material and other confidential information (secs 46–47);\n  - monetary penalties for improper disclosure (secs 45–47).\n\n- Provides delegation rules: most HWQ functions can be delegated to board members or the CEO, but HWQ’s power to decide to give a grant (s 11(1)(c)) cannot be delegated (s 50).\n\n- Gives limited civil-liability protection: the Minister and board members are not personally liable for acts or omissions done honestly and without negligence under the Act; where that removes personal liability, the liability attaches to the State (s 49).\n\n- Enables regulations to be made under the Act and sets summary-process time limits for offences (secs 48, 51). Transitional provisions clarify that recent amendments giving the Governor in Council removal powers apply to people appointed before the amendment (secs 52–53).\n\nWho this affects and who decides\n\n- Affected parties: the Queensland Government (through the Minister and Governor in Council), the HWQ board and CEO, HWQ staff and contractors, organisations and individuals seeking HWQ grants or commissions, and recipients of HWQ services or information (see s 11 for activity examples).\n\n- Decision-makers: the board decides strategy, policies and compliance (s 16); the CEO manages day‑to‑day operations under board directions (s 33); the Governor in Council appoints and may remove board members and the CEO (secs 18, 32, 23(2), 37(3)); the Minister can give written directions (s 13) and request special reports (s 14).\n\nWhy it matters (purpose claims and practical implications)\n\n- Stated purpose: to improve population health and reduce chronic disease and health inequity by commissioning, funding and coordinating preventive activity (s 3, s 10).\n\n- Incentives and costs:\n  - HWQ can fund and commission programs (s 11(c)), which creates demand for providers of prevention and health-promotion services; firms and not-for-profits may seek grants (concentrated benefit to successful applicants). The State (taxpayers) funds those grants and administrative costs.\n  - Grant-making and commissioning concentrate discretionary funding in HWQ, which creates an incentive for organisations to shape proposals to HWQ priorities (applications, partnerships, and potential for lobbying or competitive seeking of grants).\n  - The non-delegation of grant decisions (s 50(1)) centralises that discretion at HWQ level (reducing operational splitting of grant decisions but increasing responsibility and potential bottlenecks at the board/CEO level).\n\n- Controls, accountability and implementation risks:\n  - Ministerial directions (s 13) and the requirement to report ministerial directions in the annual report (s 43) create an accountability path from government to HWQ, but also allow external direction over day-to-day activity (subject to limits on employment matters and special-report content) — this raises implementation risk around political intervention versus operational independence.\n  - The Governor in Council’s power to remove board members or the CEO at any time (s 23(2), s 37(3)), and transitional clauses making that apply to existing appointees (secs 52–53), create strong executive control/override capacity.\n  - Confidentiality, criminal-history and disclosure obligations (secs 44–47) impose compliance costs on candidates and appointees and require secure information handling systems; penalties apply for misuse.\n  - The interplay of multiple statutes (Crime and Corruption Act, Financial Accountability Act, Statutory Bodies Financial Arrangements Act, Public Sector Act) creates administrative complexity and cross‑statutory compliance (s 9, s 40). HR arrangements differ between the CEO (appointed under this Act) and other staff (Public Sector Act), which requires care in employment management (s 32, s 40).\n\n- Trade-offs and substitution effects:\n  - Central funding and coordination may substitute for local or existing programs, shifting where prevention activity is designed and paid for (s 11). That can create transaction costs for existing providers and may reorient competition for funding.\n  - Protections from personal liability for honest, non-negligent acts (s 49) reduce personal risk for decision-makers but shift residual risk to the State.\n\nBottom line: the Act sets up an empowered statutory agency focused on preventive health and gives the board, CEO, Minister and Governor in Council clear but sometimes overlapping levers of appointment, direction, and removal. The practical effects are concentrated funding power and program commissioning in HWQ (benefiting service providers who win grants), an administrative and compliance burden on appointees and staff (criminal‑history and confidentiality regimes), and significant central control via appointment/removal and ministerial directions (secs 13, 23, 37, 43)."}},"importantCases":[],"_links":{"self":"/api/acts/health-and-wellbeing-queensland-act-2019","history":"/api/acts/health-and-wellbeing-queensland-act-2019/history","analysis":"/api/acts/health-and-wellbeing-queensland-act-2019/analysis","conflicts":"/api/acts/health-and-wellbeing-queensland-act-2019/conflicts","importantCases":"/api/acts/health-and-wellbeing-queensland-act-2019/important-cases","documents":"/api/acts/health-and-wellbeing-queensland-act-2019/documents"}}